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Outbursts!

Outbursts, silence by 9-11 defendants delay Guantanamo arraignment

Published May 05, 2012

FoxNews.com

In this photo of a sketch by courtroom artist Janet Hamlin and reviewed by the Defense Department, accused 9-11 co-conspirator Ali Abd al-Aziz Ali, is shown at his military hearing in Guantanamo Bay. (AP)

GUANTANAMO BAY NAVAL BASE, Cuba – The arraignment Saturday of the five defendants in the 9-11 attacks stretched into the evening as the self-proclaimed mastermind and his four co-defendants refused to answer the judge’s questions and interrupted the proceeding with prayers and outbursts – all in an apparent attempt to delay the process.

The appearance of the five men at the military tribunal at Guantanamo Bay, Cuba, marked the first time in more than three years that the public has seen Khalid Sheikh Mohammed and the other men.

Mohammed arrived wearing a white turban. His beard is now down to his chest and graying but streaked with red henna.

More than seven hours into the hearing, the judge at the U.S. military base in Cuba hadn't yet read the charges against the men. They face 2,976 counts of murder and other charges related to the 2001 attacks and could receive the death penalty if convicted of the most serious crimes.

All five defendants deferred their pleas until a later date.

The hearing began at about 9 a.m. local time and almost immediately got delayed when the defendants took off their earphones that provide Arabic translations.

The other defendants -- Ramzi Binalshibh, Walid bin Attash, Ali Abdul Aziz Ali and Mustafa al Hawsawi – joined Mohammed in refusing to answer questions from Army Col. James Pohl, the judge presiding over the proceedings.

At one point, two defendants got up and prayed alongside their defense tables under the watchful eyes of troops arrayed along the sides of the high-security courtroom.

Bin Attash was put in a restraint chair for unspecified reasons, then removed from it after he agreed to behave.

Lawyers for all defendants complained that the prisoners were prevented from wearing the civilian clothes of their choice, in a proceeding equally slowed by technical legal questions about defense complaints about the court’s authority and access to evidence and translators.

Brigadier General Mark Martins, the chief prosecutor of the Pentagon's Office of U.S. Military Commissions told Fox News that he “understands the skepticism” about access to evidence, but some still remains classified.

Mohammed's civilian lawyer, David Nevin, said his client was not responding because he believes the tribunal is unfair. He also suggested Mohammed was not wearing the earphones because it reminded him of being tortured.

All 5 men occasionally looked through what looks like the Koran, magazines, and other reading materials.

Jim Harrington, a civilian attorney for Yemeni defendant Ramzi Binalshibh, said his client would not respond to questions "without addressing the issues of confinement."

Pohl warned he would not permit defendants to block the hearing and would continue without his participation.

He addressed the earpiece issue by bringing the translators into the courtroom to translate out loud and attempted to stick to the standard script for tribunals, asking the defendants if they understood their rights to counsel and would accept the attorneys appointed for them. The men did not respond, not even to acknowledge that they understood the questions.

Cheryl Bormann, a civilian attorney for bin Attash, appeared in a conservative Islamic outfit that left only her face uncovered and she asked the court to order other women present to wear "appropriate" clothing so that defendants do not have to avert their eyes "for fear of committing a sin under their faith."

Attash, whose family was friends with Usama bin Laden’s family, had insisted Borman wear the black Hajib, saying he would not meet with her unless she was dressed in that way.

He also interrupted the session with an outburst from the defense table in a mix of Arabic and broken English, saying, "Maybe they will kill me and say I committed suicide."

The arraignment comes more than three years after President Obama's failed effort to try the suspects in a federal civilian court and close the prison at the U.S. base in Cuba.

Attorney General Eric Holder announced in 2009 that Mohammed and his co-defendants would be tried blocks from the site of the destroyed trade center in downtown Manhattan, but the plan was shelved after New York officials cited huge costs to secure the neighborhood and family opposition to trying the suspects in the U.S.

Congress then blocked the transfer of any prisoners from Guantanamo to the U.S., forcing the Obama administration to refile the charges under a reformed military commission system.

Six 9-11 family members were in the courtroom with the defendants while more than 100 others watched the proceedings on closed-circuit video feeds in the U.S.

Jim Riches, a retired city firefighter whose son was killed at the World Trade Center, said some people blurted out "C,mon, are you kidding me?" as the defendants became more disruptive.

In the past, during the failed first effort to prosecute them at the U.S. base in Cuba, Mohammed has mocked the tribunal and said he and his co-defendants would plead guilty and welcome execution.

But there were signs Saturday that at least some of the defense teams were preparing for a lengthy fight, planning challenges of the military tribunals and the secrecy that shrouds the case.

The arraignment is "only the beginning of a trial that will take years to complete, followed by years of appellate review," said attorney James Connell, who represents defendant al-Aziz Ali.

"I can't imagine any scenario where this thing gets wrapped up in six months," he said.

Defendants in what is known as a military commission typically do not enter a plea during their arraignment. Instead, the judge reads the charges, makes sure the accused understand their rights and then moves on to procedural issues. All five defendants put off their pleas until a later date. Lawyers were still discussing trial dates Saturday night; another hearing was set for June 12.

Catherine Herridge and the Associated Press contributed to this report.

I know, I think of Marianne often as well. You don't have to tell me about her, I know.

Fortunately, she is a strong woman and she survives and thrives, and God bless her for it.

We, you and I, agree about this here. These men will delay and subvert this process as much as they can - they don't respect it and they demonstrated that when they planned for three planes to fly into heavily populated areas, so no reason to think they would suddenly respect it now.

This will be a long process, and it's going to keep going. We as Americans have to hold tight to the idea that justice will be served, no matter what those poor brainwashed extremists think of it.

Really though justice is never going to be served for the 4,000+ people who have died at their hands, so we just have to trust in our system and raise hell when we don't think it's going fairly. It's all we've got.

Quoting blondekosmic15:

Quoting jaxTheMomm:

We can't. That's the action of an extremist justice (poor choice of words, as it's not justice) system, and we are supposed to have a fair and impartial judicial process.

Quoting Abaco:

Hang them !

I understand what you are saying Jax, our judicial system is what renders us a civil and humane Nation. But I also understand Abaco's sentiments. Everytime I hear the name Khalid, Sheik Mohammed { KSM } I cringe, I think of Daniel Pearl. I am a mother of 2 adult sons. I can only immagine the pain and suffering Daniel's parents experienced and his wife Marianne. She was pregnant with Daniel's child. KSM boasted about torturing Daniel Pearl, blood was spattered all over the walls, than he beheaded Mr Pearl. The experts who interrogated KSM said he was like the devil himself. Pure evil! These men have 0 respect for our laws or human life...period!

Where I live, they named part of the temple in honor of Daniel Pearl, and his wife came to the dedication.

Right now my thoughts are most with one of my friends, I have known her since high school, and she is a 9/11 widow. Her husband was FDNY and died in the towers.

This is an extended ripping open of old wounds.

I really don't have anything positive to say here, we are a nation of laws and we must go by them, but this is tortorous for the families, and that is another tragedy.

Thank you for your comments Roma. Unfortunately this trial may be lengthy and most painful for all those directly touched by this tragedy.

The Sixth Amendment to the Constitution guarantees the right to a speedy trial. I wish we had speedy trials in cases like this. The 911 families do not deserve a continual reminder of the pain they endured following this event. There is no easy or fast conclusion to justice in relation to this tragedy.

I am a very patient person.....but when it comes to things like this I think forget the trial, prison .....hell they get their food preference from their culture ! If they want to eat they can have bread and water. Even "Ensure" is a waste ! Hang em and let God sort them out !

Quoting blondekosmic15:

Quoting Abaco:

Hang them !

I certainly understand your concerns Abaco. Not alot of patience for guys like this. They think nothin' about torturing & beheading Americans.

lol! Seems to be a famous saying today when discussing terrorists~

I'm sure God is doing a happy dance listening to his children scream for murders....awesome

Nice try SAK. I am praying for justice, not murder. I never stated Khalid Sheik Mohammed and his terrorist buddies should be sentenced absent of a trial. I was very concerned as many Americans were that if Obama and Holder had their way with a criminal court in NY, the possibility of an acquittal on some technicality was likely and very disturbing. Thankfully the American ppl. spoke up and justice will be served in a military tribunal.

My husband & I attended a Lynyrd Skynyrd concert a few yrs ago when Saddam's trial was unfolding. The lead singer excited the crowd when he said, let's skip the trial, save the tax payers money and hang Saddam for his multiple crimes. I certainly understand these sentiments but do not agree with them. Interesting SAK, you cry injustice for these murderous thugs but support the death penalty for millions of unborn babies absent of any trial. Hypocrisy raises it's ugly head again! Your compassion certainly gives me reason to pause in terms of your priorities. By the way, I'm not a proponent of the death penalty. I have stated this many times. In the case of 911, I understand and I am deeply sympathetic to the 911 families and their desire for justice~

Someone said HANG EM....

that is murder...the death penalty is ALSO murder....it may be "just" or KARMA....whatever, but it's taking a life none the less and is murder...

So when someone yells HANG EM..without so muh a trial..they are no better than the terrorists they pretend to be above...thats blood lust, not "justice"...

Please name one terrorists that the Obama admin tried in court and LOST ?

The answer is a big fat 0...He has prosecuted more than the Bush admin even tried too...

The Sixth Amendment to the Constitution guarantees the right to a speedy trial. I wish we had speedy trials in cases like this. The 911 families do not deserve a continual reminder of the pain they endured following this event. There is no easy or fast conclusion to justice in relation to this tragedy.

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